Judge: Photos Will Remain Sealed

Prosecutors Said Autopsy And Crime-scene Pictures Could Taint The Jury Pool In Deltona Killings.

March 24, 2005|By Alicia A. Caldwell, Sentinel Staff Writer

DAYTONA BEACH -- A Volusia County judge Wednesday ordered that crime-scene and autopsy photos in the Deltona massacre case remain sealed before the murder trial of four men accused in the August slayings.

Circuit Judge J. David Walsh's order was the result of a state attorney's motion to block any potential release of the photos. Prosecutors had argued that pictures and videos of the scene could taint a potential jury pool and infringe on the privacy rights of the six victims and their relatives.

Sean Daly, an assistant state attorney, said his office had not received any objections to the state's motion to seal the photos before the trial, and he pointed out that prosecutors also had not received any specific request for the crime-scene photos.

The state attorney's motion was triggered by requests from several media organizations for access to all public records in the case.

Rachel Fugate, a Tampa attorney representing the Orlando Sentinel, argued against the permanent sealing of the photos, saying that other alternatives, including allowing the media and the public to view but not copy or publish the photos after the trial, "would be perfectly acceptable." A similar arrangement was made after the trial of Gainesville serial killer Danny Rolling.

Walsh left that issue to the trial judge, Circuit Judge William A. Parsons, who has not heard arguments about public records in the case because of a conflict of interest.

Relatives of two of the victims were in court Wednesday. They declined to comment but were visibly pleased with Walsh's ruling and thanked prosecutors.

Walsh also gave defense lawyers in the case 30 more days to determine what evidence given to them by prosecutors they would ask be barred from public release. In December, Walsh granted a 60-day moratorium on the release of records in the case to allow defense lawyers for suspects Troy Victorino, 28; Robert Anthony Cannon, 19; Michael Salas, 19; and Jerone Hunter, 18, a chance to object to the release of certain records.

Jeffrey Dees filed a written motion in February to further restrict the release of records, arguing that the volume of material was simply too great to wade through in just 60 days.

In granting the additional reprieve, Walsh ordered that defense lawyers file written objections citing specific evidence or documents that they want withheld and a brief reason to bar their release within 30 days.

"I can't keep this case sealed forever," Walsh said. "There is a right of access."

Victorino, Cannon, Salas and Hunter have been jailed since their Aug. 8 arrests. Investigators have said the men, led by Victorino, burst into the Telford Lane home early Aug. 6 and used baseball bats to beat to death six people and a small dog.

Investigators said the attack was prompted because Victorino thought victim Erin Belanger, 22, has stolen his Xbox video-game system and other items the convicted felon had left inside Belanger's grandmother's house.